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TMI Blog2024 (11) TMI 1120X X X X Extracts X X X X X X X X Extracts X X X X ..... dharth Sharma - Advocate For the Respondent : Shri Abhijeet Awasthi - Deputy Advocate General ORDER PER: JUSTICE SUSHRUT ARVIND DHARMADHIKARI Instant appeal is filed by the appellant-Revenue under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act of 1961') being aggrieved by the order dated 23/11/2023 passed by the Income Tax Appellate Tribunal (ITAT), Jabal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich were seized during search action are incriminating material? 3. Whether on the facts and circumstances of the case and in law, Hon'ble ITAT has erred in annulling the assessment made u/s 143(3) on the ground that assessment should have been made u/s 153C and thereby deleting the addition of Rs. 2,88,00,000/- made by the AO on account of unexplained cash credit u/s 68 which was confirmed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d as per seized material handed over to the AO? (c) the mere handing over of the seized material to the AO was not sufficient to take up assessment u/s 153C since there is nothing incriminating about the material seized in the present case? (d) the AO cannot be compelled to be satisfied, since doing so would amount to questioning the judgment of the AO in the matter and, accordingly, the non-r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessing Officer including that this 'lender' is an identified/established bogus company having no business and provided accommodation entries only and further, as established by learned CIT(A), that this loan is received in contravention of the Companies Act 2013? 5. Whether on the facts and circumstances of the case and in law, the findings given by ITAT in its order suffers from perver ..... X X X X Extracts X X X X X X X X Extracts X X X X
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